Estate of Joyce Elaine Myers Et Al. v. Michael Questell
Appellants appeal the trial court’s grant of summary judgment in favor of Appellee, medical doctor. The trial court found that Appellant’s petition for declaratory judgment sounded in health care liability and was barred by the statute of limitations. Tenn. Code Ann. § 29-26-116(a)(1). Discerning no error, we affirm and remand. |
Warren | Court of Appeals | |
Specialtycare IOM Services, LLC v. Medsurant Holdings, LLC, Et Al.
Appellant appeals the trial court’s entry of default judgment as a discovery sanction against it. Because there is insufficient evidence of contumacious conduct on the part of Appellant to justify default, we reverse the trial court’s entry of default judgment on liability. We vacate the trial court’s award of damages on the jury verdict, but affirm the award of attorney’s fees as an initial discovery sanction. |
Davidson | Court of Appeals | |
Corey Gray v. State of Tennessee
The Petitioner, Corey Gray, appeals the Madison County Circuit Court’s denial of his untimely petition for post-conviction relief from his convictions of four counts of attempted first degree premediated murder, four counts of aggravated assault, four counts of employing a firearm during the commission of a dangerous felony, and one count of felony evading arrest and resulting effective sentence of 104 years in confinement. On appeal, the Petitioner contends that the post-conviction court erred by determining that due process did not require tolling the statute of limitations. Based upon the record and the parties’ briefs, we affirm the judgment of the post-conviction court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Grady Dewayne Carroll
The Appellant, Grady Dewayne Carroll, filed a motion to correct an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36.1, and the Madison County Circuit Court summarily denied the motion. On appeal, the Appellant contends that his effective four-year sentences for his reckless endangerment and felony evading arrest convictions are illegal because the trial court used a prior juvenile adjudication for aggravated robbery to sentence him as a Range II, multiple offender. Based upon the record and the parties’ briefs, we affirm the Madison County Circuit Court’s denial of the motion. |
Madison | Court of Criminal Appeals | |
Jennifer Marie Lopez v. State of Tennessee
A Davidson County jury convicted Petitioner, Jennifer Marie Lopez, of the Class A felony offense of aggravated child neglect. She was sentenced to serve seventeen years in the Tennessee Department of Correction. The judgment was affirmed on direct appeal. State v. Jennifer Lopez and Sergio H. Gonzalez, No. M2014-01701-CCA-R3-CD, 2015 WL 6083216 (Tenn. Crim. App. Oct. 16, 2015), perm. app. denied (Tenn. March 24, 2016). Petitioner filed a timely petition for post-conviction relief. Following an evidentiary hearing, the post-conviction court dismissed the petition. Petitioner has appealed, asserting that she is entitled to relief based upon her trial counsel’s ineffective assistance of counsel. Following a review of the briefs of the parties and the entire record, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
Johnny Coffey v. State of Tennessee
The pro se Appellant, Johnny Coffey, appeals as of right from the Johnson County Criminal Court’s order summarily dismissing his motion to correct an illegal sentence. Tenn. R. Crim. P. 36.1. The State has filed a motion to affirm the trial court’s judgment pursuant to Rule 20 of the Rules of the Tennessee Court of Criminal Appeals. Following our review, we conclude that the State’s motion is well-taken and affirm the order of the trial court. |
Bradley | Court of Criminal Appeals | |
Desiree Dawn Roberts Et Al. v. Wellmont Health System Et Al.
This interlocutory appeal involves a health care liability action. Plaintiff gave written presuit notice of her claim to all potential defendants. See Tenn. Code Ann. § 29-26-121(c) (Supp. 2013). Later, she filed a complaint against the same defendants. In doing so, she relied upon the 120-day extension of the one-year statute of limitation as provided for in Tenn. Code Ann. § 29-26-121(c). Each defendant filed a motion to dismiss. Prior to a hearing on those motions, plaintiff voluntarily dismissed her complaint. Plaintiff subsequently served each defendant with new pre-suit notice and later re-filed her complaint in reliance on the one-year savings statute, Tenn. Code Ann. § 28-1-105, and the 120-day extension pursuant to § 29-26-121(c). Defendants moved to dismiss the second complaint. The trial court denied defendants’ motions. In doing so, the court took “judicial notice” of the practice of some attorneys in the Second Judicial District of providing their adversaries with “blank” authorizations. The court ultimately held that the medical authorizations in the first pre-suit notice were not only HIPAA compliant, but “overly” so. The trial court concluded that, because the first pre-suit notice was, according to the court, valid, the first-filed complaint was timely filed. Upon the request of the defendants, the court granted them permission to pursue an interlocutory appeal pursuant to the provisions of Tenn. R. App. P. 9. We likewise granted defendants permission to file a Rule 9 discretionary appeal. We reverse the judgment of the trial court and dismiss the plaintiff’s suit with full prejudice. |
Sullivan | Court of Appeals | |
In Re: McKenzie O., Et Al.
Mother appeals the trial court’s decision to terminate her parental rights to two children on the grounds of (1) substantial noncompliance with the requirements of the permanency plan and (2) persistence of conditions. She further challenges the trial court’s finding by clear and convincing evidence that termination of her parental rights was in the best interest of the children. We affirm the judgment of the trial court. |
Sullivan | Court of Appeals | |
In Re: McKenzie O., Et Al. - Dissenting
While I understand my learned colleagues’ desire to bring finality and stability to the lives of these children who so desperately deserve it, I must unfortunately conclude that this case cannot be resolved based upon the order entered by the trial court. I therefore respectfully dissent from the majority opinion. |
Sullivan | Court of Appeals | |
Brett A. Patterson v. State of Tennessee
The Petitioner, Brett A. Patterson, appeals from the Montgomery County Circuit Court’s summary dismissal of his petition for a writ of error coram nobis from his 1988 convictions for two counts of first degree murder, first degree burglary, and aggravated rape and his effective sentence of life imprisonment plus forty years. The Petitioner contends that the court erred by denying relief. We affirm the judgment of the coram nobis court relative to the video recording allegations, but we remand for further consideration of the Petitioner’s motion to continue relative to the laboratory bench notes allegations. |
Montgomery | Court of Criminal Appeals | |
Shay Ryan Doming v. Kelly Deann Doming
Father appeals the trial court’s denial of his motion to alter, amend, or modify parenting plan and award of attorney’s fees in favor of Mother. Because the appellate record contains neither a transcript nor a statement of the evidence required by Rule 24 of the Tennessee Rules of Appellate Procedure, we are not able to review the trial court’s substantive holdings. Therefore, we conclude that there was sufficient evidence to support the trial court’s findings. Based on the plain language of the permanent parenting plan, Mother is awarded her attorney’s fees and costs incurred in this appeal. |
Williamson | Court of Appeals | |
Mike Snodgrass v. AHA Mechanical Cont., LLC
The trial court denied Appellant, employee, relief under the Fair Labor Standards Act, and employee appeals. Because the trial court’s judgment does not clearly show that it applied the correct legal standard in deciding the case, we vacate and remand. |
Shelby | Court of Appeals | |
Enoc Miranda v. CSC Sugar, LLC
This is a premises liability case. Appellant, a construction worker, fell from scaffolding while working in Appellee’s factory. Specifically, Appellant ran an extension cord across the warehouse floor to reach an electrical outlet to power a screw gun used to install new sheetrock required in the warehouse renovation. Appellee’s employee drove a forklift over Appellant’s extension cord, entangling the cord and dislodging the scaffolding. The trial court granted summary judgment in favor of Appellee finding that there were no disputes of material fact and that Appellee had no duty to warn Appellant of a dangerous condition that Appellant created. Because there are material factual disputes that preclude the grant of summary judgment, we reverse and remand. |
Tipton | Court of Appeals | |
State of Tennessee v. Destiny White
The defendant, Destiny White, appeals her Shelby County Criminal Court conviction for voluntary manslaughter, claiming the trial court erred by denying her request for judicial diversion. After a review of the record and applicable law, we conclude the trial court placed undue weight on the victim’s death in support of its decision to deny judicial diversion and failed to explain how, if at all, it considered and weighed other applicable factors. Therefore, we reverse the judgment of the trial court and remand the matter to the trial court for reconsideration. |
Shelby | Court of Criminal Appeals | |
Larry Edward Moore, Jr. v. State of Tennessee
Larry Edward Moore, the Petitioner, was convicted of carjacking. The Petitioner filed a petition for post-conviction relief, challenging his Davidson County Criminal Court conviction for carjacking. Following a hearing, the post-conviction court denied relief. On appeal, the Petitioner asserts that: (1) the trial court erred in denying his request to instruct the jury that unauthorized use of a motor vehicle was a lesser-included offense of carjacking; (2) trial counsel’s performance was deficient for failing to keep the Petitioner informed of his case and for failing to have an effective trial strategy; and (3) trial counsel’s performance on appeal was deficient for failing to include the lesser-included instruction issue in the motion for new trial and on appeal. After a thorough review of the facts and applicable case law, we affirm the post-conviction court’s denial of relief. |
Davidson | Court of Criminal Appeals | |
Joe Clark Mitchell v. Debra Johnson, Warden
The Petitioner, Joe Clark Mitchell, appeals from the Hickman County Circuit Court’s dismissal of his sixth petition for writ of habeas corpus. He contends that the judgments of conviction are void because this court lacked jurisdiction to modify his sentence without remanding to the trial court; the judgments from the appellate and trial courts are inconsistent and void; and the Giles and Maury County trial courts lacked jurisdiction to indict, convict, and sentence him. Upon review, we affirm the judgment of the habeas corpus court pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. |
Hickman | Court of Criminal Appeals | |
State of Tennessee v. Lee Harold Cromwell
The defendant, Lee Harold Cromwell, was convicted of one count of reckless vehicular homicide and eight counts of reckless aggravated assault against nine different victims. The trial court sentenced the defendant as a Range I, standard offender and imposed an effective twelve-year sentence. On appeal, the defendant argues the evidence was insufficient to support his convictions for reckless aggravated assault and challenges various aspects of the jury instructions. The defendant also argues the trial court erred in not merging his eight aggravated assault convictions into his vehicular homicide conviction. Finally, the defendant generally challenges the trial court’s sentencing determinations and asserts the cumulative effect of the errors alleged rendered his trial unfair. After our review, we affirm the evidence was sufficient to support the defendant’s convictions and the trial court properly sentenced the defendant, but conclude the trial court committed reversible error in instructing the jury as to reckless aggravated assault. Therefore, we vacate the defendant’s eight convictions for reckless aggravated assault and remand this case to the trial court for a new trial. |
Anderson | Court of Criminal Appeals | |
State of Tennessee v. Kelly Scott Hood
The Defendant, Kelly Scott Hood, appeals the Cumberland County Criminal Court’s order revoking his probation for his aggravated burglary, theft, and attempted theft convictions and ordering him to serve the remainder of his effective eight-year sentence in confinement. The Defendant contends that the trial court abused its discretion by revoking his probation. We affirm the judgment of the trial court. |
Cumberland | Court of Criminal Appeals | |
Clark Derrick Frazier v. Randy Lee, Warden
The Petitioner, Clark Derrick Frazier, appeals the Johnson County Criminal Court’s summary dismissal of his petition for a writ of habeas corpus from his 2007 conviction for second degree murder and his twenty-five-year sentence. The Petitioner contends that the habeas corpus court erred by dismissing his petition. We affirm the judgment of the habeas corpus court. |
Johnson | Court of Criminal Appeals | |
Jimmy Heard v. Randy Lee, Warden
The Petitioner, Jimmy Heard, appeals the Johnson County Criminal Court’s summary dismissal of his petition for a writ of habeas corpus from his 2007 convictions for attempted second degree murder, conspiracy to commit aggravated robbery, aggravated robbery, and evading arrest and his effective forty-four-year sentence. The Petitioner contends that the habeas corpus court erred by dismissing his petition. We affirm the judgment of the habeas corpus court. |
Johnson | Court of Criminal Appeals | |
In Re D.N. et al.
This is a termination of parental rights case. Father/Appellant appeals the trial court’s termination of his parental rights to the minor child on the ground of abandonment by willful failure to visit. Tenn. Code Ann. §§ 36-1-113(g)(1) and 36-1-102(1)(A)(i). Because there is clear and convincing evidence to support both the ground for termination and the trial court’s finding that termination of Appellant’s parental rights is in the child’s best interest, we affirm and remand. |
Bradley | Court of Appeals | |
In Re Ashton B. et al.
The Department of Children’s Services filed a petition for temporary emergency custody under the Uniform Child Custody Jurisdiction and Enforcement Act (“UCCJEA”) after a mother from Alabama who was travelling through Tennessee with her two minor children was arrested on charges including reckless endangerment. The juvenile court determined that the children were dependent and neglected, and the mother appealed for a de novo hearing in circuit court. When an Alabama court entered an order granting custody to the children’s father, the circuit court lost jurisdiction, and the circuit court’s subsequent order finding the children dependent and neglected became null and void. We, therefore, dismiss this appeal. |
Williamson | Court of Appeals | |
Richard Darrell Trigg v. Joseph Church, Et Al.
This appeal involves an action where the plaintiff sought to divest the defendants’ interest in their property by showing that their purchase of the property occurred through theft or the exploitation of the plaintiff’s ex-wife. The trial court granted summary judgment in favor of the defendants and dismissed the plaintiff’s motion for a mistrial and the action itself. The plaintiff appeals. We affirm the decision of the trial court. |
Hawkins | Court of Appeals | |
Jennifer Womac v. State of Tennessee
The petitioner, Jennifer Womac, appeals the denial of her petition for post-conviction relief, which petition challenged her 2012 guilty-pleaded conviction of second degree murder. In this appeal, the petitioner contends that her guilty plea was not knowingly and voluntarily entered, pointing to deficiencies in the plea colloquy, and that she was denied the effective assistance of counsel. Discerning no error, we affirm the denial of postconviction relief. |
Meigs | Court of Criminal Appeals | |
In Re: Arianna Y., Et Al.
The father of four minor children began serving a five year sentence on March 16, 2015. The minor children were living with their paternal grandmother and mother, and on December 29, 2016, were removed from the custody of their mother due to substance abuse. The children were adjudicated dependent and neglected and placed in the custody of DCS where they have been in the care of foster parents since that date. DCS filed a petition for termination of parental rights as to father and the Juvenile Court of Knox County terminated his parental rights on the grounds of wanton disregard. Father appeals. Finding no error, we affirm the judgment. |
Knox | Court of Appeals |